[Adopted 9-7-1993 by Ord. No. 15-1993]
A.
In Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990), the New Jersey Supreme Court determined that
mandatory development fees are authorized by the Fair Housing Act
of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject
to COAH developing rules. The purpose of this article is to establish
standards for the collection, maintenance and expenditure of development
fees pursuant to COAH's rules. Fees collected pursuant to this article
shall be used for the sole purpose of providing low- and moderate-income
housing. This article shall be interpreted within the framework of
COAH's rules on development fees.
[Amended 5-16-2011 by Ord. No. 11-2011]
Any fees collected prior to December 13, 1990,
shall be retained by the Township pursuant to COAH's rules regarding
the retention of development fees.
Within the R-1, R-2, R-2A, and R-3 Zoning Districts, developers shall pay a development fee of 1/2 of 1% of the equalized assessed value of any eligible residential activity pursuant to § 360-10 of this article.
[Amended 5-16-2011 by Ord. No. 11-2011; 8-19-2019 by Ord. No. 10-2019]
A.
Developers of low- and moderate-income units shall
be exempt from paying development fees.
B.
Developers which expand an existing structure shall
pay a development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
C.
Developers that have received preliminary or final
approval prior to the effective date of this article shall be exempt
from paying a development fee unless the developer seeks a substantial
change in the approval.
D.
The fees provided for in this article shall not be
applied to minor subdivisions wherein only one new lot is created
and the use is residential.
A.
Developers shall pay 50% of the calculated development
fee to Greenwich Township at the issuance of building permits. The
development fee shall be estimated by the Tax Assessor prior to the
issuance of building permits.
B.
Developers shall pay the remaining fee to Greenwich
Township at the issuance of certificates of occupancy. At the issuance
of certificates of occupancy, the Tax Assessor shall calculate the
equalized assessed value and the appropriate development fee. The
developer shall be responsible for paying the difference between the
fee calculated at certificate of occupancy and the amount paid at
building permit. Fees shall be paid to Chief Financial Officer in
Greenwich Township.
A.
There is hereby created an interest-bearing Housing
Trust Fund for the purpose of receiving development fees from residential
and nonresidential developers. All development fees paid by developers
pursuant to this article shall be deposited in this fund. No money
shall be expended from the housing trust fund unless the expenditure
conforms to a spending plan approved by COAH.
B.
If COAH should determine that Greenwich Township be
not in conformance with COAH's rules on development fees, COAH is
authorized to direct the manner in which all development fees collected
pursuant to this article shall be expended. Such authorization is
pursuant to this article; COAH's rules on development fees; and the
written authorization from the governing body to the bank in which
the housing trust fund is located.
A.
Money deposited in a housing trust fund may be used
for any activity approved by COAH for addressing Greenwich Township's
low- and moderate-income housing obligation. Such activities may include,
but are not necessarily limited to, housing rehabilitation; new construction;
regional contribution agreements; the purchase of land for low and
moderate-income housing; extensions and/or improvements of roads and
infrastructure to low and moderate-income housing sites; assistance
designed to render units to be more affordable to low and moderate
income people; and administrative costs necessary to implement the
Master Plan's housing element. The expenditure of all money shall
conform to a spending plan approved by COAH.
B.
At least 30% of the revenues collected shall be devoted
to render units more affordable. Examples of such activities include,
but are not limited to, down payment assistance; low-interest loans;
and rental assistance.
C.
No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise or implement
the housing element. Examples of eligible administrative activities
include personnel; consultant services; space costs; consumable supplies;
and rental or purchase of equipment.
D.
Development fee revenues shall not be expended to
reimburse Greenwich for housing activities that preceded substantive
certification.
As used in this article, the following terms
shall have the meanings indicated:
The New Jersey Council on Affordable Housing.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for
construction cost. Final equalized assessed value will be determined
at project completion by the Municipal Tax Assessor.
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
A determination by the Council approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Act and the rules and criteria as set forth herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions contained therein.
